Australian media reported the case of so-called "Prisoner X", an Australian native named Ben Zygier, also known as Ben Alon in Israel, allegedly held in complete isolation inside one of Israel's most heavily guarded prisons near Tel Aviv and who was found hanged in his high-security cell in late 2010.
According to the media report, Zygier, or Alon, who was 34 at the time of his death, had moved to Israel about 10 years earlier and was recruited by the Mossad spy agency.
There is an ongoing debate within the Israeli public, about the attributes of the media gag which was set on the Australian investigative news report.
On Wednesday, Israel admitted to a basic set of facts in the “Prisoner X” episode, confirming that a top-security inmate had indeed been held under an assumed name and committed suicide in 2010.
The Justice Ministry’s confirmation partially lifted a former comprehensive gag order on the case.
A Justice Ministry spokesperson published a decision from the Central District Court Judge “following a request from the State of Israel to reduce the scope of the gag order" and "following consideration of the overall interests involved, regarding both the interests of security and the public's right to know, and in light of the media reports from the last few hours."
The Justice Ministry spokesperson declared: "The Prison Service detained a prisoner who held both Israeli and foreign citizenship. For security reasons, the prisoner was held under an alias; however, his family was immediately notified of his detention and he was represented, in all proceedings in his regard, by attorneys Roi Belcher, Moshe Mazur and Boaz Ben-Tzur. The prisoner was held in prison pursuant to an arrest warrant that had been issued by the authorized court. Proceedings regarding the prisoner were overseen by the most senior Justice Ministry officials and the prisoner's individual rights were maintained, according to law."
He continued: “The prisoner was found dead in his cell approximately two years ago. Subsequently, Hon. Judge Dafna Blatman-Kadrei, President of the Rishon Lezion Magistrates Court, held a coroner’s inquest into the cause of death, in accordance with the 1958 Coroner’s Inquest into Causes of Death Law. An order was issued that the hearing be held behind closed doors. This order is still in force.
Pursuant to her broad inquest, approximately one-and-a-half months ago, a decision were issued regarding the coroner’s inquest into the cause of death, from which it arises that this was suicide. However, the Presiding Judge sent the file to the State Attorney's Office for an evaluation regarding issues of negligence.
In all proceedings conducted on the matter, including the coroner’s inquest into the cause of death, the deceased and his family were represented by the aforementioned attorneys.
Beyond this, additional details about the affair may not be published, for reasons of state security. These security issues were examined by the Central District Court which decided to issue a sweeping gag order on the affair. This order was issued at the request of the security authorities, which was approved by the relevant Justice Ministry officials."
On Tuesday, three members of the Knesset, Israel’s parliament, Zehava Gal-On, Ahmad Tibi and Dov Khenin, used the platform of a live Knesset session with Justice Minister Yaakov Neeman to ask provocative general questions pertaining to the secrecy surrounding Zygier's alleged incarceration and subsequent suicide.
Because the session was broadcast live, there was no way to censor questions from the Knesset Members and ministers. Also, MKs and ministers enjoy complete immunity from prosecution for any statements made in the Knesset.
The Justice Minister answered, "I have no answer to these questions; the subject is not under the authority of the justice minister. But I have no doubt that if these allegations are true, the matter deserves looking into."
Israel’s chief military censor, Sima Vaknin-Gi said: "the approval of Israel’s Supreme Court was sought, and won, in the bid to impose a gag order on the circumstances of Zygier’s imprisonment.
“This wasn’t examined by a young magistrate’s court judge,” Sima Vaknin-Gil told Army Radio, dismissing criticism to the effect that such gag orders were issued as a matter of course and without due process."
“It was examined at the highest levels,” she said. “I know all those who had to go explain the case, and I also know… how hard it was for them to clarify and explain the need for such sweeping censorship,” she added.